Electricity.com.au Terms of Use

Electricity Pty Ltd (ACN 669 609 054) (Electricity.com.au) owns and operates the website located at https://electricity.com.au/.

Please read these terms of use carefully as:

1. Your access to, and use of, this website is subject to these terms of use (Terms of Use); and
2. By accessing and using the website, you agree to comply with and be bound by these Terms of Use.

In these Terms of Use, “we” and “us” refers to Electricity.com.au and “you” refers to any individual who accesses and uses this website.

1. Access to Website

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend your access to this website at any time without notice or reason.

From time to time, we may restrict access to some or all parts of this website and you agree that we will not be liable if, for any reason, this website is unavailable at any time or for any period.

2. Linked Sites

This website may contain links that direct you to other websites (Linked Sites). These links are provided for your convenience and information only and are not an express or implied indication that:

1. The Linked Sites are operated by us;
2. We endorse or approve of the Linked Sites, its content or any associated website;
3. The information provided on the Linked Sites is accurate, reliable, current, or complete.

We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of such Linked Sites. Your use of the Linked Sites will be subject to the terms of use contained within each such site.

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not:

1. Establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
2. Frame our website on any other site;
3. Establish a link from any website that is not owned by you, except where we have provided you with consent to do so.

We reserve the right to withdraw linking permission without notice.

3. Accuracy of Content

While we take proper care and precautions to ensure that the information on our website is accurate and comprehensively covers the products available in the market:

1. We do not warrant that the information provided on our website is entirely accurate or complete at any given time;
2. The information presented:
   1. Is intended to assist you in making an informed choice when selecting products;
   2. May not include all retailers or products available in the market;
   3. May not include all special or temporary offers or products available elsewhere by a retailer;
   4. May not account for your individual circumstances which may otherwise affect the terms on which a retailer offers a product;
   5. Is of a general nature and you should verify its accuracy for your specific circumstances;
3. We cannot guarantee, nor will we be liable for any loss or damage caused by, arising from, or connected to, the accuracy, reliability, currency or completeness of anything contained on this website or on any Linked Sites;
4. The information contained on this website should not take the place of you conducting your own enquiries and exercising your own judgement having regard to your personal situation to decide whether a product is suitable for you.

It is also important we note that the information you provide to us is used to filter the entire set of products. Appropriately, if you do not provide the necessary information for us to assess which products are relevant to you, we will make assumptions about your energy product needs based on statistical probability. Moreover, if you provide incorrect information, we may present products and services that are not suitable or relevant to your needs and circumstances.

Notwithstanding any other provision of these Terms of Use, we have no liability to you in such circumstances regarding any product you purchase that does not meet your needs or with which you are otherwise dissatisfied. This matter is solely between you and the relevant service provider from whom you purchased the product.

4. Use of Website

By accessing and using this website, you agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations and not misuse this website.

You agree not to:

1. Commit or encourage a criminal offense;
2. Transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
3. Hack into any aspect of our website; corrupt data; cause annoyance to other users;
4. Duplicate, distribute or download our website or the content on our website in any form;
5. Copy or modify the layout of our website or any computer software or code contained in our website;
6. Attempt to make any unauthorized access of our database;
7. Infringe upon the rights of our, or any other person's proprietary rights;
8. Send any unsolicited advertising or promotional material, commonly referred to as “spam”;
9. Attempt to affect the performance or functionality of any computer facilities of or accessed through this website.

Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any Linked Sites.

You also agree not to use, nor will you allow or authorize any third party to use, this website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent, inappropriate or conflicts with this website.

If you make any public comments on this website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent, inappropriate or which conflict with this website, we may, at our sole discretion, refuse to publish such comments and/or remove them from this website.

5. Intellectual Property and Content

The intellectual property rights in all material (including photographic images) made available to you on or through this website remain the exclusive property of Electricity.com.au, our licensors, or third parties, and are protected by copyright laws and treaties around the world. All such rights are reserved by us, our licensors or the respective third-party owners.

While you may store, print and display the material supplied solely for your own personal use, you are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the material or copies of the material supplied to you or which appears on this website nor may you use any such material in connection with any business or commercial enterprise, except where we have provided you with consent to do so.

Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and material, services and/or locations featured on this website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

6. Disclaimer of Liability

New products or services may be introduced, or existing ones modified, suspended, or withdrawn by service providers without notice to us. While we strive to update our website promptly after being informed of such changes to products and services that may be introduced, modified, suspended or withdrawn by service providers, we cannot be held responsible for any inaccuracies, misleading, or incomplete information provided by retailers.

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this website is provided without any guarantees, conditions or warranties as to:

1. Its accuracy, reliability, currency or completeness;
2. Service quality, content, functionality, operation, compatibility, maintenance, level of service, or any other aspect related to any product offered by any retailer;
3. Terms and conditions of use, installation, function, maintenance, pricing, or payment related to any product offered by any retailer;
4. Merchantability or fitness for a particular purpose;
5. Suitability for your intended use; and
6. Delays, interruptions, errors, or omissions in delivery or provision.

For the avoidance of any doubt, you are responsible for the final selection of your energy provider and should thoroughly review all provided information and consider your personal circumstances before proceeding.

To the fullest extent permitted by law, we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and will not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the information or recommendations provided on our website, the use, inability to use, performance or failures of this website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.